Terms of Service

Welcome to ManifestHQ Advisors LLC (“ Company”, “ Manifest”, “ we”, “ our”, “ us”)!

As you have just clicked our Terms of Service (“ Terms”), please pause and carefully read the following pages. It will take you approximately 20 minutes.

These Terms govern your use and access of our website and webpages located at secure.usemanifest.com and www.usemanifest.com, or our application via a computing device such as your phone, desktop, or laptop (together or individually “ Service”). Should you wish to further engage with us, you will also be expected to agree to a Participant User Agreement or a Employer User Agreement (collectively, the “ User Agreement”), whichever is applicable to you in your engagement with us, with detailed terms and conditions that govern our relationship.

In addition, you are expected to adhere to our privacy policy (“ Privacy Policy”), which explains how we collect, safeguard and disclose information that results from your access and use of our website, webpages, or application. Please access the Privacy Policy here .

You acknowledge that you have read and understood our Terms and Privacy Policy, and agree to be bound by them.

If you do not agree with (or cannot comply with) our Terms and Privacy Policy, then you may not use the Service, but please let us know by emailing at support@usemanifest.com so we can try to find a solution. These Terms and the Privacy Policy apply to all visitors, users, and others who access or view our Service.

Thank you for being responsible.

General

Our Service may include or make available certain content (the “Content”). Content may include, without limitation: (1) account positions, balances, transactions, confirmations, and order history; (2) general news and information, commentary, research reports, educational material and information and data concerning the financial markets, securities and other subjects; (3) suggestions and recommendations on retirement accounts, transfer procedures, types of accounts and plans; (4) financial and investment interactive tools, such as alerts or calculators; (5) tax preparation and account management tools; (6) company names, logos, product and service names, trade names, trademarks and services marks (collectively, “Marks”) owned by the Company, Marks owned by you, and Marks owned by Third Party Providers (defined below); and (7) any other information, content, services, or software. Certain Content is furnished by third parties (each, a “Third-Party Provider” and collectively, the “Third-Party Providers”). Such Content (“Third Party Content”) includes, without limitation, any information, content, service, such as remote online notary, or software made available by or through social media websites, blogs, wikis, online conferences, telecasts, podcasts, and other forums (collectively, the “Forums”). Third Party Content may be available through hyperlinks to the Third-Party Providers’ websites.

Account Creation and Information

In order to access the Content and the Service, you will have to create an account. This account creation process will include the creation of login identification and password. You hereby represent and warrant that the information you provide to us upon registration, including your name, mailing address, and email address (collectively, your "Account Information"), is true, accurate, current, and complete. You also hereby agree that you will ensure that this Account Information is kept accurate and up-to-date at all times.

Moreover, the Company may require to verify your identity before completing the account creation process. You authorize us to make any inquiries necessary to validate your identity. If you do not respond to our inquiries or we cannot verify your identity, we can refuse to allow you to access and use the Content or the Service.

Should any of your Account Information change, you agree to update your Account Information as soon as possible.

By creating an account, you also agree to subscribe to newsletters, marketing or promotional materials and other information we may send.

If you do not log into your account at least once for a year or longer, the Company may close your account without any prior notice to you.

Registered Investment Adviser

In connection with our Content and the Service, the rules and regulations applicable to registered investment advisers under the Investment Advisers Act of 1940, as amended (the “Advisers Act”) may require the Company to make certain requests of you in connection with certain types of recommendations. In particular, the Company may need to provide you with additional information, ask you to acknowledge that such additional information was provided, and if required, obtain additional information from you. Prior to receiving any Content and the Service, you will be prompted to execute a User Agreement with the Company.

Applicable Policies, Terms, and Agreements

By creating an account to access and use our Content and the Service, you also agree to follow and be bound by a User Agreement with terms and conditions on your retirement accounts operations such as account transfers, disclosures, processes, limitations, as well as transfer initiation, tracking, advising, documentation, continuation, and termination.

In addition to these Terms, the Privacy Policy, and the User Agreement, your access to and use of the Content and the Service is subject to the Company's then-current policies relating to the Content and the Service, including, without limitation, the Trademark and Copyright Policy. You agree to be bound by these policies and all other policies applicable to the access and use of the Content and the Service.

By accessing and using the Service and the Content, you are also consenting to have your personal data transferred to and processed by the Company and its affiliates. As part of providing you the Content and the Service, the Company may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Content and the Service.

However, you may opt-out of receiving any or all of these communications from us by following the unsubscribe link or by emailing at support@usemanifest.com .

You acknowledge and consent to electronic delivery (whether through the Service, email, or other electronic means) of any brochure or other disclosure document that we are required to deliver to you under the Adviser Act, including the information in Part 2 of the Company’s Form ADV and Form CRS - Client Relationship Summary .

Content and Service

Content posted on the Service is published as of its stated date, or if no date is stated, the date of first posting. Neither the Company nor the Third-Party Providers have undertaken any duty to update any such information.

The Company does not prepare, edit, or endorse Third Party Content. The Company does not guarantee the accuracy, timeliness, completeness or usefulness of Third Party Content, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites.

You will not hold the Company liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content or Service; or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Content or Service, ii) interruption in any such Content or Service due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), iii) to any other cause beyond the reasonable control of the Company, or iv) non-performance.

The Company does not make any representations, warranties, or other guarantees as to the present or future value or suitability of any sale, trade, or other transaction involving any particular security or any other investment.

Content and Service are provided exclusively for noncommercial access and use. No part of the Content or Service may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without the Company's express prior written consent.

Prior to providing Content and Service, you agree to execute a User Agreement with the Company with terms and conditions on your account operations such as disclosures, processes, limitations, as well as tracking, advising, documentation, continuation, and termination.

You acknowledge that the Company is the sole owner of the Company's Marks and that other Marks are the property of their respective owners. You agree that you will not use any Marks for any purpose without the prior express written consent of the respective owners.

External Links

You may direct the Company to retrieve or to link your information from any third party location such as from your corporate or retirement accounts with which you have relationships, maintain accounts, or engage in financial transactions ("External User Information"). By granting the permission to and directing the Company to retrieve or to link your External User Information, you hereby give the Company the full right to store and obtain your External User Information for purposes of identification, communication, verification, as well as Content and Service enhancements. The Company, however, is not responsible for the safekeeping or maintaining your External User Information.

YOU ACKNOWLEDGE AND AGREE THAT WHEN THE COMPANY IS ACCESSING AND RETRIEVING INFORMATION FROM THIRD-PARTY PROVIDERS, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF, OR ON BEHALF OF, THE THIRD-PARTY PROVIDERS.

The Company and/or the Third-Party Providers may also provide links to other websites or resources. Because the Company does not have any control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources. The Company does not endorse and is not liable for any content, advertising, products, or other materials on or available through such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

Open Source Software

Certain software or codes incorporated into or distributed on our website or with the application may be licensed by third parties under various "open-source" or "public-source" licenses (collectively, the "Open Source"). Notwithstanding anything to the contrary in these Terms, the Open Source is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective Open Source licenses. You agree to comply with the terms and conditions of such Open Source licenses.

Disclaimer of Warranties and Limitations of Liability

The Content and the Service are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, the Company expressly disclaims all warranties of any kind with respect to the Content and the Service, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company does not guarantee the accuracy, timeliness, completeness, or usefulness of any Content or Service. You agree to use the Content and the Service only at your own risk.

The Company does not explicitly or implicitly endorse or approve any Forums or Third Party Content. Third Party Content is provided for informational purposes only.

The Content or Service is not intended to provide financial, legal, tax, or investment advice or recommendations. Manifest is not a registered broker-deal or tax advisor. Unless Manifest specifies otherwise, any advice Manifest provides to you is based solely on the information provided by you and may not take into information that may be available in the context of a more detailed examination of your personal situation. Accordingly, before making any final decisions or implementing any strategy from Manifest, you should consider obtaining additional information and advice from your legal professional, tax specialist, accountant or other financial advisers who are fully aware of your individual circumstances. Manifest will not check the accuracy of the information you provided to us. You are solely responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.

NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GIVEN THE ADVICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT OR SERVICE RESULTING FROM ANY CONTENT, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE CONTENT OR THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE.

Notwithstanding anything to the contrary contained herein and to the maximum extent enforceable under applicable law, Manifest’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to and will not exceed one hundred and one dollars ($101).

Indemnification

You will indemnify and hold harmless the Company and its officers, directors, agents, partners, employees, licensors, distributors, and representatives of the Company, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to your access and/or use of, or interaction with the Content (including, without limitation, Third Party Content) and the Service, or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service, or violation of any applicable law.

No Recommendations or Investment Advice

The Company is solely in the business of facilitating account transfers and therefore does not provide or make recommendations or offer investment advice of any kind. You are solely responsible for evaluating the merits and risks associated with the use of any Content provided through the Service before making any decisions based on such Content. You agree not to hold the Company liable for any possible claim for damages arising from any decision you make based on the Content or other information made available to you through the Service or any Third-Party Provider websites. Past performance data should not be construed as indicative of future results.

Solicitation; Age Requirement

The Content and the Service shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.

The Content and the Service are intended solely for individuals who are age 18 or older. Any access to or use of the Content by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. By accessing or using the Content or the Service, you represent and warrant that you are 18 or older.

Termination; Modification

You agree that, without notice, the Company may terminate these Terms, or suspend your access to the Service or the Content, with or without cause at any time and effective immediately. These Terms will terminate immediately without notice from the Company if you, in our sole discretion, fail to comply with any provision of these Terms. The Company shall not be liable to you or any third party for the termination or suspension of the Service or the Content, or any claims related to such termination or suspension.

The Company and/or the Third-Party Providers may discontinue or modify the Content, or any portion thereof, at any time. You release and agree to indemnify and hold harmless the Company, and the Third-Party Providers, for any loss or damages arising from or relating to such discontinuation or modification.

Communications

By using the Service or the Content, you consent to any form of transmission, receiving, recording, and retention of any communication, information, and data exchanged ("Communication Exchange") between you and the Company, its representatives or agents, including short message service (SMS) messages, text messages, telephone calls, instant messages, through any email, phone number, or communication means that you provided to us.

Standard message and data rates may apply to any form of Communication Exchange. We may modify or terminate our Communication Exchange with you at any time, for any reason, and without prior notice. You also agree that any cost incurred through any such email, telephone, or communication means shall be solely your responsibility. Should you decide to stop receiving any form of Communication Exchange from us, you agree to promptly alert us by emailing at support@usemanifest.com .

All communications made are public. The Company does not screen, review, approve or endorse any Third Party Content available. Reliance on any Third Party Content is at your own risk. Without limitation, you agree not to do any of the following:

upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including, but not limited to, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, (i) the Company or Third-Party Provider manager, employee, agent, or representative or (ii) forum leader, guide or host;
falsely state or otherwise misrepresent your affiliation with any person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material;
upload, post or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
upload, post, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
upload, post, or transmit unsolicited commercial email or “SPAM,” including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with SPAM, such as: (1) sending mass emails to recipients who have not requested email from you or with a fake return address; (2) promoting a site with inappropriate links, titles, or descriptions; or (3) promoting any site by posting multiple submissions in forums that are identical;
upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;
“stalk” or otherwise harass another;
collect or store personal data about other users of the Service;
promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty;
promote, offer for sale or sell any security or item, good or service that i) violates any applicable federal, state, or local law or regulation, ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or iii) the Company or the Third-Party Providers determine, in their sole discretion, is inappropriate for sale; and
access or otherwise use the Content or the Service in any unlawful manner, for any unlawful purpose or in violation of these Terms.

Monitoring and Recording

The Company and/or the Third-Party Providers may monitor and record all or portions of your access to our website, webpages, and application, as well as telephone calls, emails, text messages, chats, and other communications with the Company and/or the Third-Party Providers for quality control, user service, employee training, security, legal, compliance, and other purposes. You hereby consent to all such monitoring and recording. That consent is ongoing and need not be confirmed prior to, or during, such monitoring or recording, except to the extent applicable law expressly requires otherwise. The Company and/or the Third-Party Providers may also archive your communications for regulatory and other purposes.

Secured Access

Access to and use of password protected and/or secure areas of the Content or the Service is restricted to authorized individuals only. Unauthorized attempt to access or use of these secured areas of the Content or the Service is prohibited and may subject to legal action. You agree that you will notify the Company immediately if you believe that a third party has obtained access or use of these secured areas of the Content or the Service, or if you believe that any authorized access or use may occur. Please notify the Company via email at support@usemanifest.com .

The Company may terminate or suspend your access or use of these secured areas of the Content or the Service temporary or permanently without prior notice to you if the Company has any reason to believe that any authorized access or use of these secured areas of the Content or the Service may occur or has occurred. You also agree that the Company is permitted to act upon any instructions received using your access information and to consider such access as authorized by you.

Revisions

We may at any time revise these Terms without notice. You agree to be bound by subsequent revisions and agree to review these Terms periodically for changes. If you do not agree to be bound by these Terms, you must stop using the Content or Service.

Applicable Law and Venue; Severability; Arbitration

You agree that these Terms shall be governed by and interpreted in accordance with the laws of the State of Illinois, without giving effect to principles of conflicts of law. Any legal action or proceeding arising under these Terms will be brought exclusively in courts located in Cook County, Illinois, and you hereby irrevocably consent to the personal jurisdiction and venue therein. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

YOU AND MANIFEST WAIVE THE RIGHTS TO SEEK REMEDIES IN COURT, INCLUDING ANY RIGHT TO A JURY TRIAL. Both you and Manifest agree that any dispute between or among any of the parties about or involving the Content or the Service or the use thereof, or arising out of, relating to, or in connection with, these Terms or the Privacy Policy, shall be resolved exclusively through binding arbitration conducted under the auspices of JAMS pursuant to its Arbitration Rules and Procedures. The arbitration hearing shall be held in cook county, in the state of Illinois. Disputes shall not be resolved in any other forum or venue. The arbitration shall be conducted by a retired judge who is experienced in resolving disputes regarding the business. Parties agree that the arbitrator shall apply the substantive law of Illinois to all state law claims, that limited discovery shall be conducted in accordance with JAMS’ Arbitration Rules and Procedures, and that the arbitrator may not award punitive or exemplary damages, unless (but only to the extent that) such damages are required by statute to be an available remedy for any of the specific claims asserted. In accordance with JAMS’ Arbitration Rules and Procedures, the arbitrator’s award shall consist of a written statement as to the disposition of each claim and the relief, if any, awarded on each claim. The award shall not include or be accompanied by any findings of fact, conclusions of law, or other written explanation of the reasons for the award. Parties understand that the right to appeal or to seek a modification of any ruling or award by the arbitrator is severely limited under state and federal law. Any award rendered by the arbitrator shall be final and binding, and judgment may be entered on it in any court of competent jurisdiction as provided by law.

Version 1g - April 1, 2022